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R v Johnson

R v Johnson

Case [2019] NZHC 111 10 May 2019

Sentencing

Aggravated & Exemplary Damages

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NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS OF COMPLAINANT(S) PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2017-027-000774

[2019] NZHC 111

THE QUEEN

v

PAUL MALCOLM JOHNSON FRANK KOKIRI ROTA JASON WIREMU WILLIAMS

Hearing: 10 May 2019

Appearances:

S J Barnaart for the Crown N S Leader for P M Johnson J A G Moroney for F K Rota D J Blaikie for J W Williams

Judgment:

10 May 2019

SENTENCING NOTES OF POWELL J

[Redacted version]

R v JOHNSON & ORS [2019] NZHC 111 [10 May 2019]

[1] Paul Johnson, Frank Rota and Jason Williams you come up for sentence today, along with Linton McIntyre, after each pleading guilty to a charge of kidnapping, and in Mr Johnson and Mr Rota’s cases, two additional charges of injury with intent to injure.

[2] As I have explained in Court this morning, Mr McIntyre was also due to be sentenced today but was admitted to hospital last night. Given that there was no time to make other arrangements for your sentence this morning and indeed it is important that the sentencing proceed, with the consent of all parties your sentencing has proceeded this morning. Mr McIntyre will now be sentenced at another date to be arranged with the Registrar.

[3] The charges to which you and Mr McIntyre have pleaded guilty arose out of events that took place at a residential address in Paihia (“the Paihia property”) on 10 March 2017. Your guilty pleas came at the end of three weeks of trial, at the conclusion of the Crown evidence. The summary which I will give as to what occurred represents my conclusions based on the evidence that I heard at trial, including the evidence of all four complainants, the Police and forensic evidence and the evidential interviews given by both Mr Rota and Mr McIntyre.

What happened on 10 March 2017

[4] On 10 March 2017 Victim A, Victim B and Victim C had just finished breakfast at the Paihia property, and Victim A and C were preparing to go to work later that morning.

[5] Mr McIntyre and Mr Rota arrived at the property by car and came to the door. As Mr McIntyre was a good friend of Victim B’s they were invited in, despite Mr Rota wearing various Head Hunter related gang insignia.

[6] Mr McIntyre proceeded to have a conversation with Victim B about the whereabouts of Boy Marsh (“Boy”), a member of the Black Power gang who he and

the others accompanying him were trying to locate on behalf of Maurice Reti, an associate who at that time was serving a sentence of imprisonment.

[7] Within a short time of Mr McIntyre and Mr Rota arriving at the Paihia property, Mr Johnson, Mr Williams and a further unidentified offender arrived in another vehicle and also entered the house.

[8] Shortly afterwards, Victim A…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Johnson

Details

AGLC: R v Johnson [2019] NZHC 111
Case: [2019] NZHC 111
Decision Date: 10 May 2019

CaseChat Overview and Summary

The case of R v Johnson and Others involves sentencing for Paul Johnson, Frank Rota, and Jason Williams, who were found guilty of kidnapping and multiple charges of injuring with intent to injure. The events occurred on 10 March 2017 at a residential address in Paihia. The victims were held captive for approximately 10 to 12 hours, subjected to violence, and interrogated about the whereabouts of a missing individual and his wife. The court had to determine appropriate sentences considering the seriousness of the offences, the effect on the victims, and the principles of sentencing. The starting point for sentencing was determined based on the totality of each offender’s involvement in the kidnapping and the associated violence. Personal circumstances and the impact of the guilty pleas were also considered. Ultimately, Paul Johnson was sentenced to five years and one month, Frank Rota to three years and eight months, and Jason Williams to 22 months, all subject to a 15% discount for their guilty pleas. The court also made an order to permanently suppress the names of the victims.

Orders